Sheppard v. Department of Corrections et al
| Cyril Sheppard |
| Department of Corrections, Marget Egan, Cynthia Brann and Patsy Yang |
| 1:2020cv09405 |
| November 9, 2020 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Colleen McMahon |
| Prisoner: Prison Condition |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 15, 2021. A more recent docket listing may be available from PACER.
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| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #9 Notice of Appeal filed by Cyril Sheppard were transmitted to the U.S. Court of Appeals..(nd) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #9 Notice of Appeal..(nd) |
| Filing 9 NOTICE OF APPEAL from #5 Order of Dismissal, #6 Judgment - Sua Sponte (Complaint),,. Document filed by Cyril Sheppard...(nd) |
| Filing 8 PRISONER AUTHORIZATION. Document filed by Cyril Sheppard.(sc) |
| Filing 7 APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS. Document filed by Cyril Sheppard.(sc) |
| Mailed a copy of #5 Order of Dismissal, #6 Judgment - Sua Sponte (Complaint), and Notice of Appeal Instructions to Cyril Sheppard, 3492002011 at Vernon C. Bain Center, 1 Halleck St., Bronx, NY 10474. (kh) |
Filing 6
CIVIL JUDGMENT: IT IS ORDERED, ADJUDGED AND DECREED that the complaint is dismissed without prejudice. See 28 U.S.C. 1914, 1915. The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from the Court's judgment would not be taken in good faith. IT IS FURTHER ORDERED that the Clerk of Court mail a copy of this judgment to Plaintiff and note service on the docket. SO ORDERED. (Signed by Judge Colleen McMahon on 12/15/20) (rdz) Transmission to Docket Assistant Clerk for processing. (Additional attachment(s) added on 12/16/2020: #1 PRO SE APPEAL) (rdz).
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Filing 5
ORDER OF DISMISSAL: By order dated November 13, 2020, the Court directed Plaintiff, within thirty days, to submit a completed request to proceed in forma pauperis ("IFP application") and prisoner authorization or pay the $400.00 in fees required to file a civil action in this Court. That order specified that failure to comply would result in dismissal of the complaint. Plaintiff has not filed an IFP application and prisoner authorization or paid the fee. Accordingly, the complaint is dismissed without prejudice. See 28 U.S.C. 1914, 1915. The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. (Signed by Judge Colleen McMahon on 12/15/20) (rdz) Transmission to Docket Assistant Clerk for processing.
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| Filing 4 AMENDED COMPLAINT amending #2 Complaint against Cynthia Brann, Department of Corrections, Marget Egan, Patsy Yang with JURY DEMAND.Document filed by Cyril Sheppard. Related document: #2 Complaint. (sac) |
| Mailed a copy of #3 Order Directing Payment of Fee or IFP Application & Prisoner Authorization, to Cyril Sheppard, #3492002011 at Vernon C. Bain Center, 1 Halleck St., Bronx, NY 10474. (Attachments: # 1 IFP Application, # 2 Prisoner Authorization) (dsh) |
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Filing 3
ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION & PRISONER AUTHORIZATION: Plaintiff is directed to render payment of the filing fee or submit an IFP application & Prisoner Authorization to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Clerk of Court is directed to assign this matter to my docket. The Court certifies, pursuant to 28 U.S.C. 1915(a)(3), that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Filing Fee due by 12/14/2020. In Forma Pauperis (IFP) Application due by 12/14/2020. Prisoner Authorization Form due by 12/14/2020. (Signed by Judge Colleen McMahon on 11/13/20) (Attachments: #1 IFP Application, #2 Prisoner Authorization) (keb) Transmission to Docket Assistant Clerk for processing.
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case..(bcu) |
| Filing 2 COMPLAINT against Cynthia Brann, Department of Corrections, Marget Egan, Patsy Yang. Document filed by Cyril Sheppard..(rdz) |
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Filing 1
ORDER: The Court severs the claims of all Plaintiffs under Federal Rule of Civil Procedure 21. Michael J. Lee will proceed as the sole plaintiff in this action. The Clerk of Court is directed to open separate civil actions with new docket numbers for the following plaintiffs: Sonny Squire #4102000039; Jonathan Martinez #3492001577; Curtis Clark #1412002253; Christopher DeJesus #1412002246; Dewayne Boone #4412001752; Frank Pagan #3492001603; Jonathan Stevens #1412002119; Paul Reed #1412001725; Josiah Pringle #1412001750; Carlos Bradley #3102000187; Hopeton Prendergast #4411905343; Willie Smith #8951900921; Raymond Salgado #1412001188; Timothy Ward #2412001588; Andre Fonseca #1412002023; Walter Ware #4411803480; Shamar Calloway #4412001754; Keemal Cross #1411710237; Deryck Brown #2411800501; Hakiem Barrow # 8252000054; Devorn Parker #9002000003; Theodore Tucker #3492001370; James Jackson #1411904748; Ricardo Gilcabrera #141200522; Emmanuel Rosario #3492001164; Manuel Velasquez #3482001339; Willet Davidson #3491905326; Darius Batts #3491904664; James Clark #1411709283; Cyril Sheppard #3492002011; Michael Miata #4412000457; Andre Boyd #4411901712; Carl Henley #2411800815; Johnny Blanding #3491907402; Justin Manail #441807062; Noel Fernandez #4411904753; Luis Molina #3001900157; Lester Pearson #3002000233; Gill Graves #3002000211; Timothy Linares #5412000200; Frank Crawley #2412001232; Matthew Karelefsky #1411903366; Rampersaud Persaud #4411904165; Christopher Johnson #3492002320; Morris Tate #2412001025; Eon Struthers #5102000007; Jonathan Weaver #1412001833; Edward Branch #3002000027; and Orlando Plummer #4412001257. A copy of the Complaint (ECF No. 2) and this Order should be docketed in each new case. The Clerk of Court is directed to mail a copy of this Order to all the plaintiffs at the following address: Vernon C. Bain Center, 1 Halleck Street, Bronx, New York, 10474, and note service on the docket. So Ordered. (Signed by Magistrate Judge Stewart D. Aaron on 11/9/20) (rdz) Transmission to Docket Assistant Clerk for processing.
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| Case Designated ECF. (rdz) Modified on 11/13/2020 (rdz). |
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